N.J. Admin. Code § 10:142-2.3

Current through Register Vol. 56, No. 16, August 19, 2024

Section 10:142-2.3 - Employee requirements

(a) Workers are eligible to be employed by participants under the program subject to the following criteria:

1. At least 18 years of age or, of age to obtain legal working papers and able to work in the State of New Jersey in accordance with N.J.S.A. 34:2-21.1 through 34:2-21.64; and

2. Considered domestic household employees as defined by the Internal Revenue Service at I.R.C. §§ 31.3306(c)(2)-1(a)(2) and shall adhere to all criteria associated with that designation.

(b) Individuals shall be excluded from working in the program under the following conditions when the:

1. Individual has a record of violent felony(ies) or allegations of abuse of vulnerable individuals that negatively impacts his or her ability to render care; or

2. Individual is a recipient of services under the Personal Preference Program or Personal Care Assistant Services (PCA) Program or another personal care program;

(c) All workers as defined in (a) above shall be compensated in the form of payroll check (or direct deposit, or other payroll alternatives available through the VF/EA) based on signed timesheets. The amount of compensation received as an employee shall be deemed as reportable and taxable income under Federal and State taxation guidelines. Payment in cash or in other arrangements shall not be permitted for duties performed under the program.

(d) Workers shall be terminated and banned from future employment in the program when any of the following situations occur in the performance of duties while employed by a participant:

1. Substantiated allegations of drug/alcohol abuse such that it impairs their ability to render care;

2. Substantiated allegations of neglect, abuse, and/or exploitation of a program participant;

3. Documented involvement in and/or conviction of fraudulent or criminal activity; or

4. Documented situations in which a worker potentially causes harm or adversely affects the health, safety, or welfare of the participant.

N.J. Admin. Code § 10:142-2.3

Adopted by 49 N.J.R. 3993(a), effective 12/18/2017